| Citation(s) |
|---|
| 2012 SLG 687 2012 SLD 687 2012 CLC 1955 |
Lahore High Court
Second Appeal from Order No.23 of 2009, decision dated: 6-09-2012
LBAD-UR-REHMAN LODHI, J
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Second Appeal from Order No.23 of 2009, decision dated: 6-09-2012
LBAD-UR-REHMAN LODHI, J
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FAZAL DIN
VS
AMJAD ALI
Law:
Section:
Punjab Rented Premises Act (VII of 2009)------Ss. 13, 15, 19 & 28---Ejectment application---Allegation of default in payment of rent and damage to rented property---Not less than 52 documents and mostly receipts of rent showing deposit of rent, either directly to the landlord or through the process of deposit in the court, were placed by the tenant on record, but none of such receipt, had shown the payment of rent for alleged period (five months) for which default had been alleged---When the rent in question became due, there seemed to be no attempt on the part of the tenant to tender such rent by any substituted modes, either through money order or by depositing of the same before the court of Rent Controller---Landlord who appeared in the court, was subjected to lengthy cross-examination, but he was never confronted with the alleged practice of receiving rent periodically in lump sum after considerable gaps of time---Wilful default in payment of rent for period in question having been established on record, and there being no serious denial by the tenant with regard to the damage to the property, findings arrived at by the forums below, being justified, called for no interference---Appeal was dismissed. Mehrban Ali v. Haji Muhammad Qasim PLD 1976 Lah. 1052 distinguished. Malka Begum v. Mehr Ali Hashmi 1984 SCMR 755 and Mahmood Ahmed v. Muhammad Nawaz Ahmed, Advocate 1984 CLC 1067 rel. Mian Abdul Aziz for Appellant. Zafar Ali Shah for Respondent. Date of hearing: 6th September, 2012. JUDGMENT IBAD-UR-REHMAN LODHI, J.--- This appeal is against the order of ejectment passed against the appellant firstly by the learned Rent Controller on 1-3-2007, and consequently the same was upheld by the learned appellate authority on 6-12-2008. The respondent-landlord filed an ejectment petition mainly on the allegation of default in payment of rent for a period from August, 2001 to December, 2001 and also that the appellant-tenant caused damage to the rented property. 2. The learned counsel for the appellant, in support of his contentions, has mainly relied upon the documentary evidence consisting of Exh.R.1 to Exh.R.11, which are receipts of rent, issued by the…
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